This is Orrett V. Ricketts’ motion for permission to file a late claim
pursuant to §10.6 of the Court of Claims Act (the “Act”). In
his proposed claim[1], Mr. Ricketts alleges that
on January 11, 2006, he was wrongfully arrested by “two N.Y.P.D.
detectives . . . [and] incarcerated for over a week, pursuant to [Kings County
Criminal Court Docket No. 2006KN002625].” Ordinarily, in determining
whether to grant this motion, the six factors enumerated in the Act would be
considered: whether (1) defendant had notice of the essential facts
constituting the claim; (2) defendant had an opportunity to investigate the
circumstances underlying the claim; (3) the defendant was substantially
prejudiced; (4) the claimant has any other available remedy; (5) the delay was
excusable and (6) the claim appears to be meritorious.

In this case, however, a more fundamental issue must first be addressed –
whether this Court has jurisdiction over the proposed claim. Mr.
Ricketts’ arrest and incarceration are not alleged to be the actions of
agents of the State of New York, but rather, the City of New York.

The Court of Claims Act only grants this court jurisdiction over specified
suits against the State of New York. A small number of other public entities
are subject to the jurisdiction of the Court of Claims via explicit statutory
authority, for example, the New York State Thruway Authority by Public
Authorities Law §361-b. However, there is no statutory authority
subjecting the City of New York to the jurisdiction of this Court. See also,
e.g.,Jones v People of the State of New York, etc., Ct Cl, April
10, 2001 (motion no. M-62917, UID
#2001-014-529,[2] Nadel, J.) (“Allegations
concerning the actions of a District Attorney or of New York City police
officers are not cognizable in this Court, since they are local, and not State,
officials.”)

Accordingly, having reviewed the parties’
submissions,[3] IT IS ORDERED that motion no.
M-71675 be denied.

August 10, 2006New York,
New York

HON. ALAN C. MARINJudge of the Court of Claims

[1]Claimant’s papers include a document
entitled “Notice of Intention to File a Claim.” The court will
consider such to be a proposed claim for the purposes of this motion.

[2]This and other decisions of the Court of
Claims may be found at the Court’s website:
www.nyscourtofclaims.state.ny.us.

[3]The following were reviewed: claimant’s
“Motion for Permission to File a Late Claim” (filed May 1, 2006)
with attached “Notice of Intention to File a Claim”;
claimant’s “Motion for Permission to File a Late Claim” (filed
May 8, 2006); and defendant’s Affirmation in Opposition.